University Judicial Board

UNIVERSITY STUDENT CONDUCT BOARD HEARING PROCEDURES 2009-2010

Parties to the Complaint The University is the formal complainant. The second party to the complaint is the accused student(s) alleged to have violated the University’s Statement of Student Responsibilities. A University presenter, who is also a student, shall outline the complaint to the University Student Conduct Board and introduce any witnesses with information supporting the complaint. The accused student shall be offered an opportunity to respond to the complaint and present his/her version of the facts if the matter is referred to the University Student Conduct Board. The University Student Conduct Board is chaired by a student and is comprised of other students selected by the Minnesota State Student Association and staff/faculty selected by their bargaining units and appointed by the University president.

Status of the Accused Student An accused individual may be allowed to continue his/her relationship with the University pending the outcome of the hearing and appeal to the University president in certain circumstances. However, where immediate action appears necessary to protect the well-being of the University community, the University may impose a summary suspension or issue restrictions from specified areas. If a student is summarily suspended, the student shall be provided an opportunity for a formal or informal hearing within the shortest reasonable time period, not to exceed nine (9) school or business days. During the summary suspension, the student may not enter the campus without obtaining prior permission from the Office of Student Affairs. The University Student Conduct Board’s decision shall supersede the summary suspension. A request for a Chapter 14 hearing will not delay imposition of assigned sanctions or preclude restriction from campus.

Initial Notification of Allegations The hearing officer will provide the accused student written notice of the allegations along with information about the informal hearing process. The notification letter shall include:

1) statement of the allegation; 2) which Responsibility was allegedly violated; 3) range of possible sanctions.

The letter will be sent to the individual’s last known address on record (either local or permanent), by email, or delivered personally.

Informal Hearing The accused student will be offered an opportunity to meet with a hearing officer to resolve the violation at an informal hearing. During the meeting the hearing officer will review the complaint with the student and allow the student to refute the complaint. Within a reasonable time period following the meeting, the hearing office shall inform the student in writing of the decision and whether a violation of the “Statement of Student Responsibilities” was established by a preponderance of evidence. The outcome letter will also identify any applicable sanctions as well as options available for an appeal or a formal hearing if the sanctions include expulsion or suspension. The University may also choose to refer appeals of sanctions less than suspension or expulsion to the University Student Conduct Board for a formal hearing.

If the accused student fails to appear for the informal hearing, the hearing officer may proceed to review and act upon the complaint and shall notify the student in writing of the decision and sanctions and/or place a “hold” on future registration pending resolution of the allegations.

University Student Conduct Board a) Quorum A Student Conduct Board usually consists of 5-7 members, including the student Chairperson. However, four members, including the student Chairperson, constitute a quorum. No hearing shall proceed with fewer than four members.

b) Decorum The Chairperson is responsible for maintaining a peaceful atmosphere throughout the hearing. The Chairperson has the authority to: 1) remove and/or evict disruptive persons including advisors; 2) recess the hearing; 3) strike testimony of disruptive witnesses. The Chairperson may take other action deemed necessary in maintaining a peaceful atmosphere. Any decisions of the Chairperson may be appealed to the full University Student Conduct Board panel. A simple majority of voting members is needed.

c) Appearance of Accused Student The accused student may elect not to appear at the hearing. If he/she so decides, a statement indicating this waiver shall be submitted to the Office of Student Affairs at least two business days in advance of the hearing. The hearing will be held in the student’s absence even if the waiver is not received.

d) Vote Matters brought to a vote shall require a simple majority of the voting members present for passage. The Chairperson does not vote unless it is necessary to break a tie but will participate in deliberations.

e) Confidentiality There will be no cameras, stenographers or recording devices of any kind allowed in the hearing room other than the University’s recorder(s) for the official recording of the hearing which is used for appellate purposes.

f) Evidence Parties to a complaint may introduce evidence by way of direct statements of witnesses or, under unusual circumstances when appearance is impossible, written statements may be offered. Signed and notarized statements are preferred. The party shall clearly state the manner in which the information was solicited and the relationship of the attester to the accused.

g) Witnesses Individuals serving as a advisor or advocate are precluded from giving witness testimony. The accused student shall be informed of the witnesses offering information in support of the complaint prior to the start of the University Student Conduct Board. The Office of Student Affairs must be informed of the names of the accused student’s witnesses and advisor no later than two (2) business days prior to the hearing. Individuals not so identified will not be allowed to testify without the approval of the Chairperson or a special vote by the panel. In such case, the arguments relating to the untimely identification of a witness or advisor and any objections by the presenter will be considered.

Witnesses should be advised not to speak with anyone outside the hearing room. Anyone lobbying, bribing, intimidating or harassing witnesses or University Student Conduct Board members is subject to disciplinary action.

Witnesses shall be excluded by the Chairperson from those parts of the hearing in which they are not being questioned. No more than one character witness will be permitted. The accused student will be allowed up to 2 hours approximately to present arguments and witnesses. The University presenter will also be limited to 2 hours approximately. It is not advisable to have more than 2 or 3 witnesses per presentation. Witnesses should be introduced to the University Student Conduct Board in the order of their importance to the case.

h) Questioning of Witnesses The Chairperson may rule questions out of order if they are redundant, inflammatory, discriminatory or do not bear directly on the testimony of the witnesses.

i) Advisor The advisor may not participate directly in the process. The accused student and each witness may only have one advisor present.

j) Record of the Hearing Student Affairs staff shall be responsible for arranging a tape recording of the hearing. Access to the recording shall be available only to the accused student and advisor, the University Student Conduct Board members, the University presenter, the Director of Student Conduct and any appellate body scheduled to hear an appeal. The accused student shall be responsible in advance for the cost of any duplication necessitated by a requested Chapter 14 hearing. Names of other students shall be redacted prior to release of the duplicate tape.

Deliberation The University Student Conduct Board shall deliberate in a closed session immediately following the hearing whenever possible. The Chairperson, panel members and Student Conduct Board procedural advisor shall be the only individuals present during deliberations. The Student Conduct Board procedural advisor will be present only to answer procedural and policy questions and will not have a role in deliberations or decision making. The University Student Conduct Board will first determine the accused student’s responsibility for the violation. If the student is found to be responsible, the Board will then review the student’s prior conduct history and determine the appropriate sanctions.

Notification Written notification of the decision to the accused student(s) shall be made within a reasonable time frame, but no longer than two weeks after the hearing. The notification shall include:

1) the University Student Conduct Board’s findings 2) the sanctions (if any) 3) appeal information (if found responsible).

The decision shall be sent to the individual’s last address on record.

Appeals If the student is found responsible for some or all of the allegations, the University Student Conduct Board’s decision may be appealed to the Office of the University President following the process outlined in the outcome letter. Students who are suspended or expelled shall be informed of their right to a contested case hearing under Minnesota State Statute 14.